Is there a statute of limitations on collecting a debt? We were first contacted six years later.
Camden, NJ
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Posted about 1 month ago in Debt Collection
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We got a call saying that we owed over $14K from an old credit card ($6K in principal, the rest in interest). It was charged off in 2003. It was then sold to a collection agency. We have never received any notices and it never appeared on a credit report. We were told that it probably got lost in the shuffle and they are just now catching up. Their attorney called us yesterday and said we have until the end of the month to pay. This account is in my husbands name only, but they called me at work. They have never sent us anything in the mail or called us at home. We have been at this address for years. Is there something I can do?
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Answers (1)Edward P Sager
This attorney is licensed in Washington.
Posted about 1 month ago.
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Yes, but it depends on what you desire to do.
Are you trying to keep the debt collectors from calling you at work? If so, the National Consumer Law Center (NCLC) has publications that can help. In particular, see the publication entitled, "Dealing with Debt Collection Harassment." Second, what is the statute of limitations for contracts in your state? In Washington State, where I am located, the limit is 6 years, so that if there has been no activity for more than 6 years, the person can avoid the contract and not be successfully sued. DISPUTE THE DEBT IN WRITING. If you have received no written communication from the creditor or the attorney, request to have them send you their demands in writing. There are certain things which need to be in a collection letter, and if absent, you could sue the debt collector for violations of the Fair Debt Collections Practices Act. Also, dispute the debt in writing, whether or not you receive notice from the debt collectors/attorney. The following is what I put in my letters of representation and you are free to adapt this to your situation: You are also put on notice that the above referenced debtor disputes the validity of the debt. Please obtain verification of the debt and send the same to both the consumer and this office prior to any further collection efforts, pursuant to 15 U.S.C. ยง1692(g). There may be other issues not listed here and visiting a bankruptcy attorney who has a free initial consultation might be a good idea, even if you are not considering bankruptcy. I had a similar situation arise for me personally, where the debt was purchased by a "debt collections mill" with the alleged debt being some 14 years old. I wrote them a letter telling them I would sue them if they continued collection efforts. They responded by apologizing and eliminating my name and debt from their database. Please know that I am in Washington State and can only tell you what would be advisable or doable in our State.
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